1. This petition has been preferred under Article-226 of the Constitution of India, with the following prayers:-
{A} THIS HONOURABLE COURT BE PLEASED to admit this petition;
{B} YOUR LORDSHIPS may be pleased to issue writ of mandamus or a writ in the nature of mandamus or any other appropriate writ/s, order/s, or direction/s or declaration/s quashing and setting aside the reconstitution of the 25 Ft. wide approach road leading to the Sub Plot No.64/C in the land bearing Revenue Survey Nos. 154 + 155 paikee, renumbered as Original Plot No.74/A and reconstituted as Final Plot Nos.127 and 128;
AND/OR ALTERNATIVELY {C} YOUR LORDSHIPS may be pleased to issue writ of mandamus or a writ in the nature of mandamus or any other appropriate writ/s, order/s, or direction/s directing the respondents to provide at least one approach road to the Sub Plot No.64/C in the land bearing Revenue Survey Nos. 154 + 155 paikee, renumbered as Original Plot No.74/A and reconstituted as Final Plot Nos.127 and 128, by making necessary modification, under the Town Planning Scheme No.27(Bhatar-Majura);
{D} YOUR LORDSHIPS may be pleased to issue writ of mandamus or a writ in the nature of mandamus or any other appropriate writ/s, order/s, or direction/s directing the respondent Nos.1 and 2 to consider the representation dated 23rd March, 2010(Annexure - H hereto) and the representation dated 07th April, 2010 (Annexure - J hereto), within reasonable period;
{E} PENDING admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to grant interim/ad-interim relief directing the respondent Nos.1 and 2 to consider the representation dated 23rd March, 2010 (Annexure - H hereto) and the representation dated 07th April, 2010 (Annexure - J hereto), within reasonable period:
{F} YOUR LORDSHIPS be pleased to pass any such order and/or further order/s, thought just and proper, in the interest of justice.
2. At the very outset, Mr. K.K. Trivedi, learned advocate for the petitioners has submitted that the interest of justice would be met, if the Principal Secretary, Urban Housing and Urban Development Department, Secretariat (respondent No.1), is directed to consider and decide the representations of the petitioners dated 23rd March, 2010 and 7th April, 2010, and if such an order is passed, the petitioners would not be desirous of pursuing the petition.
3. Upon the above statement being made by the learned advocate for the petitioners, the following order is passed:-
The Principal Secretary, Urban Housing and Urban Development Department, Secretariat (respondent No.1) may consider and decide the representations dated 23rd March, 2010 and 7th April, 2010 of the petitioners, in accordance with law and, as expeditiously as possible, and without avoidable delay.
At this stage, Mr. K.K. Trivedi, learned advocate for the petitioners prays that he may be permitted to withdraw the petition.
Permission to do so, is granted. The petition is disposed of, as withdrawn.
It is clarified that this order has been passed, subject to the rights and contentions of the petitioners and while doing so, the Court has not entered into the merits of the case.
(Smt. Abhilasha Kumari, J.) Safir* Top